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S TAT U T O R Y I N S T R U M E N T S
1996 No. 274 (N.I. 1)
NORTHERN IRELAND
The Education (Northern Ireland) Order 1996
Made
- - 14th February 1996
Coming into operation in accordance with Article 1(2)
and (3)
Whereas a draft of this Order has been approved by a resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to
the Northern Ireland Act 1974 and of all other powers enabling Her in that behalf, is pleased, by and
with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
PART I
INTRODUCTORY
Title and commencement
1. (1) This Order may be cited as the Education (Northern Ireland) Order 1996.
(2) Except as provided by paragraph (3), this Order shall come into operation on the expiration
of two months from the day on which it is made.
(3) The following provisions, namely —
(a) Part II and Schedules 1 and 2;
(b) Articles 31 and 34;
(c) Article 35(1) to (5) and Schedule 3;
(d) Articles 40 and 41 and Schedule 4;
(e) Part I of Schedule 5 and so much of, Article 43 as relates thereto;
(f) Part I of Schedule 6 and so much of Article 44 as relates thereto;
shall come into operation on such day or days as the Department may by order appoint.
(4) An order under paragraph (3) may make such transitional provision as appears to the
Department to be necessary or expedient in connection with the provisions brought into operation
by the order.
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Interpretation
2. (1) The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following
provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order—
“the 1986 Order” means the Education and Libraries (Northern Ireland) Order 1986;
“the 1989 Order” means the Education Reform (Northern Ireland) Order 1989.
(3) This Order shall be construed as one with the 1986 Order, the 1989 Order and the Education
and Libraries (Northern Ireland) Order 1993; and accordingly Article 2(2) of the 1986 Order, in so
far as it relates to the definition of words or expressions used in that Order and in this Order, shall
apply for the purposes of this Order as it applies for the purposes of that Order.
PART II
CHILDREN WITH SPECIAL EDUCATIONAL NEEDS
Introductory
Meaning of “special educational needs” and “special educational provision” etc.
3. (1) For the purposes of the Education Orders, a child has “special educational needs” if he
has a learning difficulty which calls for special educational provision to be made for him.
(2) For the purposes of this Part, subject to paragraph (3), a child has a “learning difficulty” if—
(a) he has a significantly greater difficulty in learning than the majority of children of his age,
(b) he has a disability which either prevents or hinders him from making use of educational
facilities of a kind generally provided for children of his age in ordinary schools, or
(c) he has not attained the lower limit of compulsory school age and is, or would be if special
educational provision were not made for him, likely to fall within sub-paragraph (a) or (b)
when he is of compulsory school age.
(3) A child is not to be taken as having a learning difficulty solely because the language (or
form of, the language) in which he is, or will be, taught is different from a language (or form of a
language) which has at any time been spoken in his home.
(4) In the Education Orders, “special educational provision” means—
(a) in relation to a child who has attained the age of two years, educational provision which
is additional to, or otherwise different from, the educational provision made generally for
children of his age in ordinary schools, and
(b) in relation to a child under that age, educational provision of any kind.
(5) In the Education Orders, “special school” means a controlled or voluntary school which is
specially organised to make special educational provision for pupils with special educational needs
and is recognised by the Department as a special school.
(6) In this Part, “ordinary school” means a grant-aided school which is not a special school.
(7) In this Part, “child” includes any person who has not attained the age of nineteen years and
is a registered pupil at a school.
(8) For the purposes of paragraph (7) a person who attains the age of nineteen years at any time
during a school term at any school shall be deemed not to have attained that age until the day after
the end of that school term.
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(9) In this Part, “the Tribunal” has the meaning assigned to it by Article 22(1).
Code of practice
Code of practice
4. (1) The Department shall issue, and may from time to time amend, a code of practice giving
practical guidance in respect of the discharge by boards and the Boards of Governors of grant-aided
schools of their functions under this Part.
(2) It shall be the duty of—
(a) boards and Boards of Governors of grant-aided schools exercising functions under this
Part, and
(b) any other person exercising any function for the purpose of the discharge by boards and
Boards of Governors of grant-aided schools of functions under this Part,
to have regard to the provisions of the code.
(3) On any appeal, the Tribunal shall have regard to any provision of the code which appears to
the Tribunal to be relevant to any question arising on the appeal.
(4) The Department shall publish the code as for the time being in force.
Making and amendment of code
5. (1) Where the Department proposes to issue or amend a code of practice, it shall prepare a
draft of the code (or amendment).
(2) The Department shall consult such persons about the draft as the Department thinks fit and
shall consider any representations made by them.
(3) If the Department determines to proceed with the draft (either in its original form or with
such modifications as the Department thinks fit), the Department shall issue the code or amendment
to the code in the form of the draft and the code or amendment shall come into force on such day
as the Department may by order appoint.
Special educational provision: general
Review of arrangements
6. (1) A board shall—
(a) determine, and keep under review, its policy in relation to special educational provision;
and
(b) keep under review the arrangements made by it for special educational provision.
(2) In exercising its functions under paragraph (1)(a), a board shall consult—
(a) the Boards of Governors of grant-aided schools in its area;
(b) other boards;
(c) the Council for Catholic Maintained Schools; and
(d) such other persons as it thinks fit.
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Qualified duty to secure education in ordinary school of child for whom board maintains
statement of special educational needs
7. (1) Any person exercising any functions under this Part in respect of a child—
(a) for whom a board maintains a statement under Article 16, and
(b) who should be educated in a grant-aided school,
shall secure that, if the conditions mentioned in paragraph (2) are satisfied, the child is educated in
an ordinary school.
(2) The conditions are that—
(a) the board is not required under Schedule 2 to specify in the statement under Article 16 the
name of a special school, and
(b) educating the child in an ordinary school is compatible with—
(i) his receiving the special educational provision which his learning difficulty calls for,
(ii) the provision of efficient education for the children with whom he will be educated,
and
(iii) the efficient use of resources.
Duties in relation to pupils with special educational needs in ordinary schools
8. (1) The Board of Governors of an ordinary school shall—
(a) use its best endeavours, in exercising its functions in relation to the school, to secure that if
any registered pupil has special educational needs the special educational provision which
his learning difficulty calls for is made,
(b) secure that, where a registered pupil has special educational needs, those needs are made
known to all who are likely to teach him, and
(c) secure that the teachers in the school are aware of the importance of identifying, and
providing for, those registered pupils who have special educational needs.
(2) Where a child who has special educational needs is being educated in an ordinary school,
those concerned with making special educational provision for the child shall secure, so far as is
reasonably practicable and is compatible with—
(a) the child receiving the special educational provision which his learning difficulty calls for,
(b) the provision of efficient education for the children with whom he will be educated, and
(c) the efficient use of resources,
that the child engages in the activities of the school together with children who do not have special
educational needs.
(3) The annual report for an ordinary school prepared under Article 125 of the 1989 Order shall
describe—
(a) any special arrangements made for the admission of pupils to whom paragraph (4) applies;
(b) the steps taken to prevent pupils with special educational needs from being treated less
favourably than other pupils;
(c) the facilities provided to assist access to the school by pupils with special educational
needs.
(4) This paragraph applies to a pupil if—
(a) he has special educational needs; but
(b) no statement is maintained in respect of him under Article 16.
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Determination by Boards of Governors of policy in relation to provision of education for
children with special educational needs
9. (1) The Board of Governors of a grant-aided school shall determine, and keep under review,
its policy in relation to the provision of education for children with special educational needs.
(2) In exercising its functions under paragraph (1), a Board of Governors of a school shall, to
the extent that it may appear necessary or desirable for the purpose of co-ordinating provision for
children with special educational needs, consult with—
(a) the board for the area in which the school is situated;
(b) the Boards of Governors of other grant-aided schools; and
(c) the Council for Catholic Maintained Schools (in the case of a Catholic maintained school).
(3) The policy determined by a Board of Governors under paragraph (1) shall be compatible with
the statutory provisions relating to education (including, in particular, those relating to children with
special educational needs).
(4) In carrying out its functions under the Education Orders in relation to a school under its
management, a Board of Governors shall have regard to its policy in relation to the provision of
education for children with special educational needs.
(5) The annual report for a grant-aided school prepared under Article 125 of the 1989 Order shall
describe what steps have been taken by the Board of Governors to secure the implemention of its
policy in relation to the provision of education for children with special educational needs.
Special educational provision otherwise than in a grant-aided school
Special educational provision otherwise than in a grant-aided school
10. (1) Subject to paragraphs (2) and (3) and to Articles 11 and 12, a board may arrange for the
special educational provision (or any part of it) which any learning difficulty of a child in its area
calls for to be made—
(a) in an institution outside Northern Ireland, or
(b) in Northern Ireland otherwise than in a grant-aided school.
(2) A board shall not make any arrangements under paragraph (1) unless it is satisfied that—
(a) the interests of the child require such arrangements to be made; and
(b) those arrangements are compatible with the efficient use of resources.
(3) Before making any arrangements under this Article, a board shall consult the child’s parent.
(4) This Article is without prejudice to any other powers of a board.
Special educational provision in institutions outside Northern Ireland
11. (1) No person shall so exercise his functions under this Part that the special educational
provision (or any part of it) which any learning difficulty of a child calls for is made in an institution
outside Northern Ireland unless the institution is one which specialises in providing for children with
special needs.
(2) In paragraph (1), “children with special needs” means children who have particular needs
which would be special educational needs if those children were in Northern Ireland.
(3) Where a board arranges under Article 10(1)(a) for special educational provision in respect of
a child to be made in an institution outside Northern Ireland, the board shall pay—
(a) the fees charged by the institution;
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(b) the expenses reasonably incurred in maintaining him while he is at the institution or
travelling to or from it;
(c) his reasonable travelling expenses; and
(d) the expenses reasonably incurred by any person accompanying him while he is travelling
or staying at the institution.
Special educational provision in institutions in Northern Ireland other than grant-aided
schools
12. (1) No person shall so exercise his functions under this Part that the special educational
provision (or any part of it) which any learning difficulty of a child calls for is made in an institution
in Northern Ireland other than a grant-aided school unless—
(a) the institution is for the time being approved by the Department under Article 26 as suitable
for the admission of children with special educational needs, or
(b) the Department consents to the child being educated there.
(2) Where a board arranges under Article 10(1)(b) for special educational provision in respect of
a child to be made at an independent school in Northern Ireland, the board—
(a) shall pay the fees payable in respect of the education provided for the child at the school;
(b) may pay any fees payable in respect of board and lodging provided for the child at the
school; and
(c) may provide transport for the child to facilitate his attendance at the school.
(3) Where a board arranges under Article 10(1)(b) for special education provision in respect of a
child to be made at an institution in Northern Ireland other than a school, the board may contribute to
the costs of providing education to the child at the institution or assist the institution in the provision
of that education, and may in particular—
(a) pay the fees payable in respect of the education provided for the child at the institution;
(b) pay any fees payable in respect of board and lodging provided for the child at the
institution;
(c) provide transport for the child to facilitate his attendance at the institution; and
(d) provide equipment and services to the institution.
Identification and assessment of children with special educational needs
General duty of board towards children for whom it is responsible
13. (1) A board shall exercise its powers with a view to securing that, of the children for whom
it is responsible, it identifies those to whom paragraph (2) applies.
(2) This paragraph applies to a child if—
(a) he has special educational needs, and
(b) it is necessary for the board to determine the special educational provision which any
learning difficulty he may have calls for.
(3) For the purposes of this Part a board is responsible for a child if he is in the area of the board
and—
(a) he is a registered pupil at a grant-aided school, or
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(b) he has attained the age of two years, is not over compulsory school age and has been
brought to the attention of the board as having, or probably having, special educational
needs.
Duties of health and social services boards and health and social services trusts
14. (1) If a health and social services authority, in the course of exercising any of its functions in
relation to a child who has not attained the lower limit of compulsory school age, forms the opinion
that he has, or probably has, special educational needs, that authority shall—
(a) inform the child’s parent of its opinion and of its duty under this paragraph and
paragraph (2); and
(b) after giving the parent an opportunity to discuss that opinion with an officer of the
authority, bring it to the attention of the appropriate board.
(2) If, in a case falling within paragraph (1), the health and social services authority is of the
opinion that a particular voluntary organisation is likely to be able to give the parent advice or
assistance in connection with any special educational needs that the child may have, that authority
shall inform the parent accordingly.
(3) Where it appears to a board that any health and social services authority could, by taking any
specified action, help in the exercise of any of the board’s functions under this Part, the board may
request the help of the authority, specifying the action in question.
(4) A health and social services authority whose help is so requested shall comply with the request
unless it considers that—
(a) the help requested is not necessary for the purpose of the exercise by the board of those
functions, or
(b) having regard to the resources available to it for the purpose of the exercise of its functions,
it is not reasonable for it to comply with the request, or
(c) compliance with the request is not compatible with its own statutory or other duties or
obligations or unduly prejudices the discharge of any of its functions.
(5) Regulations may provide that, where a health and social services authority is under a duty
by virtue of paragraph (4) to comply with a request to help a board in the making of an assessment
under Article 15 or a statement under Article 16, it must, subject to prescribed exceptions, comply
with the request within the prescribed period.
(6) In this Article “health and social services authority” means—
(a) a health and social services board; or
(b) a Health and Social Services trust established under the Health and Personal Social
Services (Northern Ireland) Order 1991.
Assessment of educational needs
15. (1) Where a board is of the opinion that a child for whom it is responsible falls, or probably
falls, within paragraph (2), it shall serve a notice on the child’s parent informing him—
(a) that the board proposes to make an assessment of the child’s educational needs,
(b) of the procedure to be followed in making the assessment,
(c) of the name of the officer of the board from whom further information may be obtained,
and
(d) of the parent’s right to make representations, and submit written evidence, to the board
within such period (which shall not be less than twenty-nine days beginning with the date
on which the notice is served) as may be specified in the notice.
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(2) A child falls within this paragraph if—
(a) he has special educational needs, and
(b) it is necessary for the board to determine the special educational provision which any
learning difficulty he may have calls for.
(3) Where—
(a) a board has served a notice under paragraph (1) and the period specified in the notice in
accordance with paragraph (1)(d) has expired, and
(b) the board remains of the opinion, after taking into account any representations made and
any evidence submitted to it in response to the notice, that the child falls, or probably falls,
within paragraph (2),
the board shall make an assessment of his educational needs.
(4) Where a board decides to make an assessment under this Article, it shall give notice in writing
to the child’s parent of that decision and of the board’s reasons for making it.
(5) Schedule 1 (which makes provision in relation to the making of assessments under this Article)
shall have effect.
(6) Where, at any time after serving a notice under paragraph (1), a board decides not to assess
the educational needs of the child concerned it shall give notice in writing to the child’s parent of
the board’s decision and the reasons for making it.
Statement of special educational needs
16. (1) If, in the light of an assessment under Article 15 of any child’s educational needs and of
any representations made by the child’s parent, it is necessary for the board to determine the special
educational provision which any learning difficulty he may have calls for, the board shall make and
maintain a statement of his special educational needs.
(2) The statement shall be in such form and contain such information as may be prescribed.
(3) In particular, the statement shall—
(a) give details of the board’s assessment of the child’s special educational needs, and
(b) specify the special educational provision to be made for the purpose of meeting those
needs, including the particulars required by paragraph (4).
(4) The statement shall—
(a) specify the type of school or other institution which the board considers would be
appropriate for the child,
(b) if the board is not required under Schedule 2 to specify the name of any grant-aided school
in the statement, specify the name of any school or institution (whether in Northern Ireland
or elsewhere) which it considers would be appropriate for the child and should be specified
in the statement, and
(c) indicate any provision for the child for which it makes arrangements under Article 10(1)
(b) otherwise than in a school or institution and which it considers should be indicated
in the statement.
(5) Where a board maintains a statement under this Article—
(a) unless the child’s parent has made suitable arrangements, the board—
(i) shall arrange that the special educational provision indicated in the statement is made
for the child, and
(ii) may arrange that any non-educational provision indicated in the statement is made
for him in such manner as it considers appropriate, and
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(b) if the name of a grant-aided school is specified in the statement, the Board of Governors
of the school shall admit the child to the school.
(6) Paragraph (5)(b) does not affect any power to suspend or expel from a school a pupil who
is already a registered pupil there.
(7) Schedule 2 (which makes provision in relation to the making and maintenance of statements
under this Article) shall have effect.
Appeal against decision not to make statement
17. (1) If, after making an assessment under Article 15 of the educational needs of any child
for whom no statement is maintained under Article 16, the board does not propose to make such a
statement, it shall give notice in writing of its decision, of the reasons for making it and of the effect
of paragraph (2), to the child’s parent.
(2) In such a case, the child’s parent—
(a) shall have the right to receive, on request, a copy of any advice given to the board on
which the decision is based; and
(b) may appeal to the Tribunal against the decision.
(3) On an appeal under this Article, the Tribunal may—
(a) dismiss the appeal,
(b) order the board to make and maintain such a statement, or
(c) remit the case to the board for it to reconsider whether, having regard to any observations
made by the Tribunal, it is necessary for the board to determine the special educational
provision which any learning difficulty the child may have calls for.
Appeal against contents of statement
18. (1) The parent of a child for whom a board maintains a statement under Article 16 may—
(a) when the statement is first made,
(b) where the description in the statement of the board’s assessment of the child’s special
educational needs, or the special educational provision specified in the statement, is
amended, or
(c) where, after conducting an assessment of the educational needs of the child under Article
15, the board determines not to amend the statement,
appeal to the Tribunal against the description in the statement of the board’s assessment of the child’s
special educational needs, the special educational provision indicated in the statement or, if no school
is named in the statement, that fact.
(2) Paragraph (1)(b) does not apply where the amendment is made in pursuance of paragraph
8 or 11(3)(b) of Schedule 2 or directions under paragraph 2 of Schedule 13 to the 1986 Order;
and paragraph (1)(c) does not apply to a determination made following the service of notice under
paragraph 10 of Schedule 2 of a proposal to amend the statement.
(3) On an appeal under this Article, the Tribunal may—
(a) dismiss the appeal,
(b) order the board to amend the statement, so far as it describes the board’s assessment of the
child’s special educational needs or specifies the special educational provision, and make
such other consequential amendments to the statement as the Tribunal thinks fit, or
(c) order the board to cease to maintain the statement.
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(4) On an appeal under this Article the Tribunal shall not order the board to specify the name of
any school in the statement (either in substitution for an existing name or in a case where no school
is named) unless—
(a) the parent has expressed a preference for the school in pursuance of arrangements under
paragraph 3 of Schedule 2, or
(b) in the proceedings the parent, the board or both have proposed the school.
(5) Before determining any appeal under this Article the Tribunal may, with the agreement of
the parties, correct any deficiency in the statement.
Reviews of statements
19. (1) A statement under Article 16 shall be reviewed by the board—
(a) on the making of an assessment in respect of the child concerned under Article 15, and
(b) in any event, within the period of twelve months beginning with the making of the
statement or, as the case may be, with the previous review.
(2) Regulations may make provision—
(a) as to the manner in which reviews of such statements are to be conducted,
(b) as to the participation in such reviews of such persons as may be prescribed, and
(c) in connection with such other matters relating to such reviews as the Department considers
appropriate.
Assessment of educational needs at request of child’s parent
20. (1) Where—
(a) the parent of a child for whom a board is responsible asks the board to arrange for an
assessment to be made in respect of the child under Article 15,
(b) such an assessment has not been made within the period of six months ending with the
date on which the request is made, and
(c) it is necessary for the board to make an assessment under that Article,
the board shall comply with that request.
(2) Paragraph (1) applies whether or not the board is maintaining a statement under Article 16
for the child.
(3) If in any case where paragraph (1)(a) and (b) applies the board decides not to comply with
the request—
(a) it shall give notice to the child’s parent of that decision, the reasons for making it and the
effect of sub-paragraph (b), and
(b) the parent may appeal to the Tribunal against the decision.
(4) On an appeal under paragraph (3) the Tribunal may—
(a) dismiss the appeal, or
(b) order the board to arrange for an assessment to be made in respect of the child under
Article 15.
Assessment of educational needs of children under two
21. (1) Where a board is of the opinion that a child in its area who is under the age of two years
falls, or probably falls, within paragraph (2)—
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(a) it may, with the consent of his parent, make an assessment of the child’s educational needs,
and
(b) it shall make such an assessment at the request of his parent.
(2) A child falls within this paragraph if—
(a) he has special educational needs, and
(b) it is necessary for the board to determine the special educational provision which any
learning difficulty he may have calls for.
(3) An assessment under this Article shall be made in such manner as the board considers
appropriate.
(4) After making an assessment under this Article, the board—
(a) may make a statement of the child’s special educational needs, and
(b) may maintain that statement,
in such manner as it considers appropriate.
Special Educational Needs Tribunal for Northern Ireland
Constitution of Tribunal
22. (1) There shall be established a tribunal, to be known as the Special Educational Needs
Tribunal for Northern Ireland (referred to in this Part as “the Tribunal”), to exercise the jurisdiction
conferred on it by this Part.
(2) There shall be—
(a) a President of the Tribunal appointed by the Lord Chancellor;
(b) a panel appointed by the Lord Chancellor of persons who may serve as chairman of the
Tribunal; and
(c) a panel appointed by the Department of persons who may serve as the other two members
of the Tribunal apart from the chairman.
(3) No person may be appointed—
(a) President or member of the panel mentioned in paragraph (2)(b) unless he possesses such
legal qualifications as the Lord Chancellor considers suitable;
(b) member of the panel mentioned in paragraph (2)(c) unless he satisfies such requirements
as may be prescribed.
(4) The President—
(a) may be removed from office by the Lord Chancellor if the Lord Chancellor is of the
opinion that the President is unfit to continue in office or is incapable of performing his
duties;
(b) may resign office by notice in writing to the Lord Chancellor; and
(c) is eligible for re-appointment if he ceases to hold office.
(5) A person appointed member of either panel shall hold office subject to such conditions as to
the period of his appointment and otherwise as may be determined by the person or body appointing
him, but may resign office by notice in writing to that person or body.
(6) The Department may—
(a) pay to the President, and to any other person in respect of his service as a member of the
Tribunal, such remuneration and expenses as it may, with the approval of the Department
of Finance and Personnel, determine;
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(b) defray the expenses of the Tribunal to such amount as the Department may, with the
approval of the Department of Finance and Personnel, determine;
(c) provide for the Tribunal such staff and accommodation as the Tribunal may require.
(7) The jurisdiction of the Tribunal shall be exercised by such number of tribunals as may be
determined from time to time by the President.
Tribunal procedure
23. (1) Regulations may make provision about the proceedings of the Tribunal on an appeal
under this Part and the initiation of such an appeal.
(2) The regulations may, in particular, include provision—
(a) as to the period within which, and the manner in which, appeals are to be instituted,
(b) where the jurisdiction of the Tribunal is being exercised by more than one tribunal—
(i) for determining by which tribunal any appeal is to be heard, and
(ii) for the transfer of proceedings from one tribunal to another,
(c) for enabling any functions which relate to matters preliminary or incidental to an appeal
to be performed by the President, or by the chairman,
(d) for the holding of hearings in private, except in prescribed circumstances,
(e) for hearings to be conducted in the absence of any member, other than the chairman,
(f) as to the persons who may appear on behalf of the parties,
(g) for granting any person such discovery or inspection of documents or right to further
particulars as might be granted by a county court,
(h) requiring persons to attend to give evidence and produce documents,
(i) for authorising the administration of oaths to witnesses,
(j) for the determination of appeals without a hearing in prescribed circumstances,
(k) as to the withdrawal of appeals,
(l) for the award of costs or expenses,
(m) for taxing or otherwise settling any such costs or expenses (and, in particular, for enabling
such costs to be taxed in the county court),
(n) for the registration and proof of decisions and orders, and
(o) for enabling the Tribunal to review its decisions, or revoke or vary its orders, in such
circumstances as may be determined in accordance with the regulations.
(3) The Department may pay such allowances for the purpose of or in connection with the
attendance of persons at the Tribunal as it may with the approval of the Department of Finance and
Personnel determine.
(4) The Arbitration Act (Northern Ireland) 1937 shall not apply to any proceedings before the
Tribunal but regulations may make provision corresponding to any provision of that Act.
(5) Any person who without reasonable excuse fails to comply with—
(a) any requirement in respect of the discovery or inspection of documents imposed by the
regulations by virtue of paragraph (2)(g), or
(b) any requirement imposed by the regulations by virtue of paragraph (2)(h),
is guilty of an offence.
(6) A person guilty of an offence under paragraph (5) is liable on summary conviction to a fine
not exceeding level 3 on the standard scale.
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Appeals from Tribunal
24. Where a person who appeals to the Tribunal is dissatisfied in point of law with a decision of
the Tribunal, that person may, according as rules of court may provide, either appeal therefrom to
the High Court or require the Tribunal to state and sign a case for the opinion of the High Court.
Special schools and other institutions
Religious education in special schools
25. (1) Article 21 of the 1986 Order (religious education in grant-aided schools other than nursery
or special schools) shall apply in relation to special schools as it applies in relation to ordinary
schools.
(2) Accordingly—
(a) in paragraphs (1) and (7) of that Article the words “or special” and in paragraph (9) of that
Article the words “and special” shall cease to have effect;
(b) in Article 22(1) of the 1986 Order the words “or special” shall cease to have effect; and
(c) in Article 12 of the 1989 Order (which provides for the kind of religious education to be
included in the curriculum of a school) for paragraph (1) there shall be substituted—
“(1) The religious education for which provision is required by Article 5(1)(a) to
be included in the curriculum for any particular grant-aided school shall be religious
education of the kind required by such of the provisions of Article 21 of the 1986 Order
as apply in the case of that school.”.
Approval of institutions in Northern Ireland other than grant-aided schools
26. (1) The Department may approve an institution in Northern Ireland other than a grant-aided
school as suitable for the admission of children with special educational needs.
(2) An approval under this Article may be given subject to such conditions as the Department
sees fit to impose.
(3) In any case where there is a failure to comply with such a condition imposed under
paragraph (2), the Department may withdraw its approval.
School attendance orders
School attendance orders
27. For paragraphs 1 and 2 of Schedule 13 to the 1986 Order (school attendance orders) there
shall be substituted—
“1. (1) If it appears to a board that a parent of a child of compulsory school age in its
area is failing to perform the duty imposed on him by Article 45, it shall serve a notice in
writing on the parent requiring him to satisfy the board, within such period (not being less
than fourteen days beginning with the day on which the notice is served) as is specified in
the notice, that the child is, by regular attendance at school or otherwise, receiving suitable
education.
(2) If—
(a) a parent on whom a notice has been served under sub-paragraph (1) fails to satisfy
the board, within the period specified in the notice, that the child is receiving
suitable education, and
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(b) in the opinion of the board it is expedient that the child should attend school,
the board shall serve in the prescribed manner on the parent an order (referred to in this
Order as a “school attendance order”), in the prescribed form, requiring him to cause the
child to become a registered pupil at a school named in the order.
(3) Unless it is revoked by the board or a direction is made in respect of it by a court
under paragraph 6, a school attendance order shall (subject to any amendment made by the
board) continue in force—
(a) where the school named in the order provides education for pupils up to the upper
limit of compulsory school age or beyond, for so long as the child is of compulsory
school age;
(b) where the school does not provide education up to or beyond that age, until the
pupil has reached the age at which he would normally leave that school.
(4) Where a grant-aided school is named in a school attendance order the Board of
Governors of the school shall admit the child to the school.
(5) Sub-paragraph (4) does not affect any power to suspend or expel from a school a
pupil who is already a registered pupil there.
(6) In this Part “suitable education”, in relation to a child, means efficient full-time
education suitable to his age, ability and aptitude and to any special educational needs he
may have.
1A. (1) Sub-paragraphs (2) to (5) apply where a board is required by virtue of paragraph
1(2) to serve a school attendance order in respect of a child, other than a child for whom it
maintains a statement under Article 16 of the Education (Northern Ireland) Order 1996.
(2) Before serving the order, the board shall serve on the parent a notice in writing—
(a) informing him of its intention to serve the order,
(b) specifying the school which the board intends to name in the order and, if it thinks
fit, one or more other schools which it regards as suitable alternatives, and
(c) stating the effect of sub-paragraphs (4) and (5).
(3) A voluntary or grant-maintained integrated school shall not be specified in a notice
under sub-paragraph (2) unless the board has consulted the managers of the school.
(4) If the notice specifies one or more alternative schools and the parent selects one of
them and notifies the board accordingly before the expiration of the period of fourteen days
beginning with the day on which the notice is served, the school selected by him shall be
named in the order.
(5) If before the expiration of the period mentioned in sub-paragraph (4) the parent—
(a) applies for the child to be admitted to a school other than the school or schools
specified in the notice; and
(b) notifies the board accordingly,
then, if as a result of the application the child is offered a place at that school, that school
shall, subject to sub-paragraph (7), be named in the order.
(6) If at any time while a school attendance order is in force with respect to a child, other
than a child for whom the board maintains a statement under Article 16 of the Education
(Northern Ireland) Order 1996.
(a) the parent applies for the child to be admitted to a school other than the school
named in the order; and
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(b) as a result of the application the child is offered a place at a school, the board
shall, subject to sub-paragraph (7), at the request of the parent amend the order
by substituting that school for the one previously named.
(7) Sub-paragraphs (5) and (6) do not apply where the school at which the child is offered
a place is an independent school unless, in the opinion of the board, the school is suitable
to his age, ability and aptitude and to any special educational needs he may have.
1B. (1) Sub-paragraphs (2) and (3) apply where a board is required by virtue of
paragraph 1(2) to serve a school attendance order in respect of a child for whom it maintains
a statement under Article 16 of the Education (Northern Ireland) Order 1996.
(2) Where the statement specifies the name of a School that school shall be named in
the order.
(3) Where the statement does not specify the name of a school—
(a) the board shall, in accordance with paragraph 10 of Schedule 2 to the Education
(Northern Ireland) Order 1996, amend the statement so that it specifies the name
of a school, and
(b) that school shall then be named in the order.
(4) Where—
(a) a school attendance order is in force in respect of a child for whom the board
maintains a statement under Article 16 of the Education (Northern Ireland) Order
1996, and
(b) the name of the school specified in the statement differs (for whatever reason)
from that specified in the order,
the board shall amend the order so that it names the school specified in the statement.
2. (1) This paragraph applies where a school attendance order is in force in respect of
a child.
(2) If at any time the parent applies to the board requesting that the order be revoked
on the ground that arrangements have been made for the child to receive suitable education
otherwise than at school, the board shall comply with the request, unless it is of the opinion
that no satisfactory arrangements have been made for the education of the child otherwise
than at school.
(3) If a parent is aggrieved by a refusal of the board to comply with a request under subparagraph (2), he may refer the question to the Department.
(4) Where a question is referred to the Department under sub-paragraph (3), it shall give
such direction determining the question as it thinks fit.
(5) Where the child in question is one for whom the board maintains a statement under
Article 16 of the Education (Northern Ireland) Order 1996.
(a) sub-paragraphs (2) to (4) do not apply if the name of a school is specified in the
statement, and
(b) in any other case a direction under sub-paragraph (4) may require the board to
make such amendments in the statement as the Department considers necessary
or expedient in consequence of its determination.”.
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Supplementary
Regulations and orders
28. (1) Regulations and orders made by the Department under this Part (other than orders under
Article 5(3)) shall be subject to negative resolution.
(2) Regulations and orders made by the Department under this Part may contain such incidental,
supplementary and transitional provisions as the Department thinks fit.
PART III
MISCELLANEOUS
Withdrawal of school from maintained status
29. The following provisions of the 1986 Order (which provide for the withdrawal of a school
from maintained status) shall cease to have effect, namely—
(a) in Article 11(2) the words from “and may be withdrawn” to the end;
(b) Article 11(6);
(c) Part II of Schedule 5;
(d) Schedule 8.
Independent schools
30. (1) In Article 2(2) of the 1986 Order for the definition of “independent school” there shall
be substituted—
““independent school” means a school at which full-time education is provided for pupils of
compulsory school age (whether or not such education is also provided for pupils under or
over that age), not being a grant-aided school;”.
(2) h Article 39(1)(c) of the 1986 Order (complaints in relation to independent schools) for the
words “ages and sex” there shall be substituted the words “ages, sex and abilities”.
(3) In Article 40 of the 1986 Order (appeals against complaints)—
(a) in paragraph (1) for the words from “appeal” to the end there shall be substituted the words
“appeal therefrom to the Independent Schools Tribunal constituted in accordance with
regulations under paragraph (8)”;
(b) after paragraph (7) there shall be added—
“(8) The Department shall by regulations provide for the constitution and procedure
of the Independent Schools Tribunal, and without prejudice to the generality of the
foregoing such regulations—
(a) shall provide for the membership of the tribunal and may provide for
disqualifying prescribed persons or descriptions of persons for membership
of the tribunal;
(b) may provide that all matters relating to the procedure on appeals which are not
specifically regulated by the regulations shall be determined by the tribunal.
(9) The Department may—
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(a) pay to members of the Independent Schools Tribunal such remuneration and
expenses as it may, with the approval of the Department of Finance and
Personnel, determine;
(b) defray the expenses of the tribunal to such amount as the Department may,
with the approval of the Department of Finance and Personnel, determine;
(c) provide for the tribunal such staff and accommodation as the tribunal may
require.”.
Date of commencement of secondary education
31. (1) Article 46A of the 1986 Order (commencement of secondary education) shall be amended
as follows.
(2) For the words “Unless the Department otherwise directs in a particular case” there shall be
substituted the words “(1) Except as provided by paragraph (2), (3) or (4)”.
(3) At the end there shall be added—
“(2) A child shall commence secondary education on 1st August next before his normal
date of commencement where—
(a) the appropriate Board of Governors is of the opinion that it is in the best interests
of the child to commence secondary education on that earlier date; and
(b) the parent of the child agrees with that opinion.
(3) A child shall commence secondary education on 1st August next after his normal
date of commencement where—
(a) the appropriate Board of Governors is of the opinion that it is in the best interests
of the child to commence secondary education on that later date; and
(b) the parent of the child agrees with that opinion.
(4) A child shall commence secondary education on 1st August next before or after his
normal date of commencement where—
(a) the board for the area in which he resides so directs; and
(b) at the time the direction is given the child is not a registered pupil at any school.
(5) In forming an opinion for the purposes of paragraph (2) or (3) the Board of Governors
of a school shall comply with the guidance issued under paragraph (6) and in particular—
(a) shall take into account such matters or matters of such description as may be
specified in such guidance;
(b) shall not take into account such matters or matters of such description as may be
so specified; and
(c) shall follow such administrative procedures as may be so specified.
(6) The Department shall issue such guidance as it thinks fit as to the exercise by a Board
of Governors of its functions under this Article and such guidance shall in particular—
(a) require the Board of Governors of a school in forming an opinion for the purposes
of paragraph (2) or (3) to take into account the advice of the principal of the
school (or, in the case of a grammar school providing both primary and secondary
education, the teacher in charge of that part of the school in which primary
education is provided);
(b) require the Board of Governors of a school in forming an opinion for the purposes
of paragraph (3) to take into account the advice of the relevant board;
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(c) specify the matters or descriptions of matters which are, or are not, to be taken
into account by a Board of Governors in forming an opinion for the purposes of
paragraph (2) or (3);
(d) specify the administrative procedures to be followed by a Board of Governors in
exercising its functions under this Article; and
(e) prohibit the delegation by the Board of Governors (notwithstanding anything in
the scheme of management of the school) of such functions under this Article as
are specified in the guidance.
(7) The Department shall issue such guidance as it thinks fit as to—
(a) the exercise by a board of its functions under paragraph (4); and
(b) the giving by a board of advice for the purposes of paragraph (6)(b).
(8) The Department shall publish the guidance issued by it under paragraphs (6) and (7)
in such manner as it thinks fit.
(9) In this Article—
“appropriate Board of Governors”, in relation to a child, means the Board of
Governors of the school at which the child is a registered pupil;
“normal date of commencement”, in relation to a child, means the date on which, but
for any provision made under paragraph (2), (3) or (4), the child would commence
secondary education;
“relevant board”, in relation to the Board of Governors of a school, means—
(a)
in the case of a controlled school, the board by which the school is managed;
(b)
in the case of a maintained school, the board by which the school is maintained;
and
(c)
in the case of any other school, the board for the area in which the school is
situated.
(10) This Article does not apply in relation to—
(a) children in respect of whom statements are maintained under Article 16 of the
Education (Northern Ireland) Order 1996; or
(b) children in independent schools.”.
Corporal punishment
32. (1) Article 49A of the 1986 Order (corporal punishment) shall be amended as follows.
(2) In paragraph (1) after the word “pupil” there shall be inserted the words “to whom this
paragraph applies”.
(3) After paragraph (1) there shall be inserted—
“(1A) Where, in any proceedings, it is shown that corporal punishment has been given
to a pupil by or on the authority of a member of the staff, giving the punishment cannot be
justified if the punishment was inhuman or degrading.
(1B) In determining whether punishment is inhuman or degrading regard shall be had
to all the circumstances of the case, including the reason for giving it, how soon after the
event it is given, its nature, the manner and circumstances in which it is given, the persons
involved and its mental and physical effects.”.
(4) For paragraph (5) there shall be substituted—
“(5) In this Article “pupil” does not include any person who has attained the age of 18
years.
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(5A) Paragraph (1) applies to a pupil for whom education—
(a) is provided at a grant-aided school; or
(b) is secured, otherwise than at such a school, by a board.”.
School inspections
33. For Article 102 of the 1986 Order there shall be substituted the following Articles—
“Inspection of educational and other establishments by Department
102. (1) Every relevant establishment shall be open at all reasonable times to inspection
under this Article.
(2) In this Article and Article 102A “relevant establishment” means—
(a) a school;
(b) a college of education;
(c) a grant-aided institution or establishment; or
(d) an institution or establishment which is established, maintained or managed by a
board or the activities of which are organised by a board.
(3) Inspections under this Article shall be conducted by—
(a) inspectors appointed by the Department; or
(b) other officers of the Department.
(4) Inspectors conducting the inspection of an establishment under this Article may be
accompanied and assisted in the inspection by a lay person assigned for the purposes of that
inspection under Article 102A.
(5) It shall be the duty of inspectors to promote the highest standards of education and of
professional practice among teachers in relevant establishments which provide education
by—
(a) monitoring, inspecting and reporting on the standard of education being provided
in those establishments and the standards of professional practice among teachers
on the staff of such establishments;
(b) advising the Department on any aspect of the curriculum of any of those
establishments which the Department may refer to them or on which they think
advice is appropriate.
(6) It shall be the duty of inspectors to monitor, inspect and report on the nature, scope
and effect of advisory and support services provided by boards under Article 29 of the 1989
Order in relation to the curricula and staff of grant-aided schools.
(7) The functions conferred by this Article on inspectors shall not be exercisable in
relation to any provision for religious education included in the curriculum of a school under
Article 5(1)(a) of the 1989 Order except with the agreement of the Board of Governors of
the school.
(8) The Department may give directions under Article 101 for the purpose of remedying
any matter referred to in a report under this Article.
Lay persons
102A. (1) The Department may appoint a panel of persons to act as lay persons in
inspections conducted under Article 102.
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(2) A person shall not be appointed to the panel unless he is, in the opinion of
the Department, without significant personal experience in the management of relevant
establishments and the provision of education (otherwise than as a member of the managing
body of such an establishment or in any other voluntary capacity).
(3) The Department may remove a person from the panel at any time.
(4) The Department may assign a member of the panel to be a lay person for the purposes
of an inspection of any relevant establishment to be conducted under Article 102 but shall
ensure that no person is so assigned if he has, or at any time had, any connection with—
(a) the establishment in question;
(b) any person who is employed at that establishment;
(c) any person who is a member of the managing body of that establishment;
(d) where the establishment is an independent school, the proprietor of the school,
of a kind which might reasonably be taken to raise doubts about his ability to act impartially
in relation to that establishment.
(5) The Department may, with the approval of the Department of Finance and Personnel,
pay to members of the panel such allowances and expenses as the Department may
determine.
(6) In this Article “managing body” means—
(a) in relation to a school, the Board of Governors;
(b) in relation to an institution of further education, the governing body;
(c) in relation to any other relevant establishment, the body responsible for its
management.”.
Key stages
34. In Article 5 of the 1989 Order for paragraph (6) (definition of “key stages”) there shall be
substituted the following paragraphs—
“(6) For the purpose of this Part the key stages in relation to a pupil are as follows—
(a) the period beginning with his becoming of compulsory school age and ending
at the same time as the school year in which the majority of pupils in his class
complete four school years in that key stage;
(b) the period beginning at the same time as the next school year after the end of
the first key stage and ending at the same time as the school year in which the
majority of pupils in his class complete three school years in that key stage;
(c) the period beginning at the same time as the next school year after the end of the
second key stage and ending at the same time as the school year in which the
majority of pupils in his class complete three school years in that key stage;
(d) the period beginning at the same time as the next school year after the end of
the third key stage and ending at the same time as he ceases to be of compulsory
school age.
(6A) In paragraph (6) “class”, in relation to a particular pupil and a particular subject,
means the teaching group in which he is regularly taught that subject or, where there are two
or more such groups, such one of them as may be designated by the principal of the school.”.
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Compulsory contributory subjects in key stage 4
35. (1) For Schedule 2 to the 1989 Order (compulsory contributory subjects) there shall be
substituted the Schedule set out in Schedule 3 to this Order.
(2) In Article 7(2) of the 1989 Order in sub-paragraph (a) after the word “practicable” there shall
be inserted “in relation to key stages 1,2 and 3” and after that sub-paragraph there shall be inserted—
“(aa)
“(aa) to set in place as soon as is practicable in relation to key stage 4—
(i) programmes of study in relation to all the compulsory contributory subjects;
(ii) assessment arrangements in relation to all the compulsory contributory subjects in
which pupils are required under Article 6(3) to be assessed;”.
(3) In Article 7(3) of the 1989 Order for the definition of “assessment arrangements” there shall
be substituted—
““assessment arrangements”—
(i)
in relation to subjects taught to pupils in key stage 1,2 or 3, means the arrangements for
assessing pupils at or near the end of each key stage for the purpose of ascertaining what
they have achieved in relation to the attainment targets for that key stage;
(ii)
in relation to subjects taught to pupils in key stage 4, means the arrangements for
assessing pupils at or near the end of key stage 4 for the purpose of ascertaining what
they have achieved in that key stage.”.
(4) In Article 9(1A) of the 1989 Order for the words “attainment targets and programmes of
study” there shall be substituted the words “programmes of study”.
(5) In column 2 of Schedule 1 to the 1989 Order—
(a) the entry “Home Economics” shall be omitted from the list of subjects against the area of
study called Science and Technology; and
(b) at the end of the list of subjects against the area of study called the Environment and
Society there shall be added the following entries—
“Home Economics
Economics
Social and Environmental Studies”.
(6) This Article has effect in place of Article 45 of the Education and Libraries (Northern Ireland)
Order 1993 (which has not come into operation) and accordingly that Article is hereby repealed.
Initiation of procedure for acquisition by school of grant-maintained integrated or
controlled integrated status
36. (1) Article 69 of the 1989 Order (including that Article as applied by Article 91 of that Order)
shall be amended as follows.
(2) For paragraph (1)(a) (initiation of procedure by two resolutions of Board of Governors) there
shall be substituted—
“(a)
“(a) the Board of Governors decides by a resolution passed at a meeting of that Board
to hold such a ballot; or”.
(3) Paragraph (3) (notice of first resolution) shall cease to have effect.
(4) In paragraph (4) for the words “the second resolution required for the purposes of” there
shall be substituted the words “a resolution under”, in sub-paragraph (a) the word “second” shall
cease to have effect and in sub-paragraph (b) for the words from “to the bodies” to the end there
shall be substituted
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“to—
(i) the relevant board;
(ii) if the school is a voluntary school, the trustees of the school;
(iii) if the school is a Catholic maintained school, the Council for Catholic Maintained Schools.”.
(5) In paragraph (5) for the words “the second resolution” there shall be substituted the words
“the resolution under paragraph (1)(a)”.
(6) Nothing in this Article affects the procedure for the acquisition of grant-maintained integrated
status or controlled integrated status in a case where that procedure has been initiated before the
coming into operation of this Article.
Proposals for acquisition of grant-maintained integrated status
37. (1) Article 71 of the 1989 Order (procedure for acquisition of grant-maintained integrated
status) shall be amended as follows.
(2) In paragraph (3) for the words from “and a proposal” to the end there shall be substituted
“and shall be submitted to the relevant board—
(a)
in the case of a proposal under paragraph (1), within such period as may be so required;
and
(b)
in the case of a proposal under paragraph (2), not later than the beginning of such
period immediately before the proposed date of implementation as the Department may
specify”.
(3) Paragraph (4) shall cease to have effect.
(4) For paragraphs (6) and (7) there shall be substituted—
“(6) The relevant board shall, within 21 days of receiving a proposal under paragraph (1)
or (2)—
(a) submit the proposal to the Department; and then
(b) publish, by advertisement in one or more newspapers circulating in the area
affected by the proposal, a notice stating—
(i) such particulars of the nature of the proposal as may be required by the
Department;
(ii) that the proposal has been submitted to the Department;
(iii) that a copy of the proposal can be inspected at a specified place; and
(iv) that objections to the proposal can be made to the Department within two
months of the date specified in the advertisement being the date on which
the advertisement first appears.
(6A) The relevant board shall furnish a copy of the proposal to any person, on application
and payment of such reasonable sum as the board may determine.
(6B) The relevant board may, before the expiry of the period specified in the notice
under paragraph (6)(b)(iv), submit its views on the proposal to the Department.
(7) Subject to paragraphs (8), (9) and (10), the Department after—
(a) considering any objections to a proposal made to it within the period specified in
the notice under paragraph (6)(b)(iv);
(b) considering any views of the relevant board submitted to it under paragraph (6B);
and
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(c) making such modifications, if any, in the proposal as, after consultation with the
Board of Governors or person making the proposal, it considers necessary or
expedient,
may approve the proposal and inform that Board of Governors or person accordingly.”.
(5) Nothing in this Article applies in relation to a proposal under Article 71 of the 1989 Order
submitted to a board before the coming into operation of this Article.
Publication and distribution of information with respect to institutions of further education
38. In Article 105 of the 1989 Order (publication of information with respect to institutions of
further education)—
(a) in paragraph (6)(a) for head (ii) there shall be substituted—
“(ii) the educational achievements of students on entry to the institution and the
educational achievements of students while at the institution (including in each
case the results of examinations, tests and other assessments of those students);
(iii) the resources of the institution (including the sums put at the disposal of its
governing body under Article 109(2) of the 1989 Order) and the effectiveness
of the use made of such resources; and
(iv) the careers of students of the institution after completing any course or leaving
the institution; and”;
(b) after paragraph (6) there shall be inserted—
“(6A) For the purposes of paragraph (6)(a)(iv), a person' s career includes any
education, training, employment or occupation; and the regulations may in particular
require the published information to show—
(a) the numbers of students not undertaking any career, and
(b) the persons providing students with education, training or employment.”;
(c) after paragraph (7) there shall be added—
“(8) The published information shall not name any student to whom it relates.
(9) The Department may by regulations require the Board of Governors of any
secondary school to provide such persons as may be prescribed with such categories of
information falling within paragraph (10) as may be prescribed.
(10) Information falls within this paragraph if it is—
(a) published under paragraph (6)(a); and
(b) made available to Boards of Governors for distribution.
(11) Information provided under paragraph (9) shall be provided in such form and
in such manner as may be prescribed.”.
Powers of trustees of voluntary schools in relation to proceeds of disposal of school premises
39. (1) This Article applies where, at any time after it comes into operation—
(a) any premises (“the relevant premises”) of a voluntary school—
(i) cease to be used for approved purposes of the school; and
(ii) are disposed of by the trustees of the school; and
(b) no provision is made by any trust deed executed in relation to the relevant premises for
the application of the residual proceeds of the disposal of those premises.
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(2) Where this Article applies, any trust deed executed in relation to the relevant premises shall
have effect as if it authorised the trustees of the school to apply any residual proceeds of the disposal
of the relevant premises for general educational purposes.
(3) In the case of the trustees of a Catholic maintained school, the reference in paragraph (2) to
general educational purposes shall be construed as a reference to general educational purposes in
the Roman Catholic diocese in which the school is situated.
(4) In paragraph (2) “residual proceeds of the disposal of the relevant premises” means the amount
of the proceeds of the disposal of the relevant premises less the amount of any liabilities or expenses
of the trustees arising in respect of, or in connection with, the relevant premises or the disposal
thereof, including in particular (but without prejudice to the generality of the foregoing)—
(a) the amount of any expenses of the trustees in respect of the disposal; and
(b) any amounts payable or repayable to the Department under Article 116 of the 1986 Order
in consequence of the disposal of the relevant premises.
(5) This Article applies to a trust deed whether executed before or after the coming into operation
of this Article.
Incorporation of Boards of Governors
40. (1) A Board of Governors constituted in pursuance of Part III of the 1986 Order on or after
the appointed day shall be constituted as a body corporate.
(2) A Board of Governors so constituted before that day which is not constituted as a body
corporate shall, as constituted on that day, become on that day a body corporate.
(3) On the incorporation of a Board of Governors by virtue of paragraph (2), any property,
rights or liabilities attributable to the Board of Governors immediately before incorporation shall be
transferred to, and by virtue of this Article vest in, the body corporate.
(4) For the purposes of paragraph (3), property, rights or liabilities are attributable to a Board
of Governors if—
(a) in the case of any property, it was held by or on behalf of any persons as members or
former members of the Board of Governors, and
(b) in the case of rights or liabilities, they were acquired or incurred by or on behalf of any
such persons,
and are so held or, as the case may be, they subsist immediately before the incorporation of the
Board of Governors.
(5) Subject to any provision made by or under the Education Orders, section 19 of the
Interpretation Act (Northern Ireland) 1954 shall apply to a Board of Governors incorporated by
virtue of this Article.
(6) A Board of Governors incorporated by virtue of this Article shall be known as “The Board
of Governors of” with the addition of—
(a) in a case where two or more schools are grouped under the management of a Board of
Governors, the names of each of those schools in alphabetical order; and
(b) in any other case, the name of the school under its management.
(7) The application of the seal of any such Board of Governors must be authenticated by the
signature—
(a) of the chairman of the Board of Governors, or
(b) of some other member authorised either generally or specially by the Board of Governors
to act for that purpose,
together with the signature of any other member.
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(8) Schedule 4 (which supplements the provisions of this Article) shall have effect.
(9) In this Article and Schedule 4 “appointed day” means the day appointed under Article 1(3)
for the coming into operation of this Article.
Incorporation of governing bodies of institutions of further education
41. (1) A governing body constituted in pursuance of Part VII of the 1989 Order on or after the
appointed day shall be constituted as a body corporate.
(2) A governing body so constituted before that day shall, as constituted on that day, become
on that day a body corporate.
(3) On the incorporation of a governing body by, virtue of paragraph (2), any property, rights or
liabilities attributable to the governing body immediately before incorporation shall be transferred
to, and by virtue of this Article vest in, the body corporate.
(4) For the purposes of paragraph (3), property, rights or liabilities are attributable to a governing
body if—
(a) in the case of any property, it was held by or on behalf of any persons as members or
former members of the governing body, and
(b) in the case of rights or liabilities, they were acquired or incurred by or on behalf of any
such persons,
and are so held or, as the case may be, they subsist immediately before the incorporation of the
governing body.
(5) Subject to any provision made by or under the Education Orders, section 19 of the
Interpretation Act (Northern Ireland) 1954 shall apply to a governing body incorporated by virtue
of this Article.
(6) A governing body incorporated by virtue of this Article shall be known as “The governing
body of ... ...” with the addition of the name of the institution of further education.
—
(7) The application of the seal of any such governing body must be authenticated by the signature
(a) of the chairman of the governing body, or
(b) of some other member authorised either generally or specially by the governing body to
act for that purpose,
together with the signature of any other member.
(8) A governing body incorporated under this Article is dissolved by virtue of this paragraph—
(a) if the institution of further education ceases to exist by virtue of Article 27(3)(b) of
the Education and Libraries (Northern Ireland) Order 1993 (amalgamation with other
institution); or
(b) if the institution of further education is discontinued for any other reason.
(9) Where the governing body of an institution of further education is dissolved under
paragraph (8)(b) all property, rights and liabilities of the governing body held or subsisting
immediately before the date of dissolution shall on that date be transferred to, and by virtue of this
paragraph vest in, the board responsible for the management of the institution.
(10) Where personal data are transferred under paragraph (3) to a governing body incorporated
by virtue of this Article—
(a) any entry made in respect of the governing body constituted immediately before the
appointed day as a data user in the register maintained under section 4 of the Data
Protection Act 1984, or
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(b) any application for registration as a data user made by that body under section 6 of that Act,
shall have effect as if it were made in respect of or, as the case may be, by the governing body so
incorporated.
Expressions used in this paragraph and in that Act shall have the same meaning in this
paragraph as in that Act.
(11) In this Article “appointed day” means the day appointed under Article 1(3) for the coming
into operation of this Article.
Direction to admit child to specified school
42. (1) A board may give a direction under this Article if, in the case of any child in its area,
one or both of the following conditions is satisfied in relation to each school which is a reasonable
distance from his home and provides suitable education, that is—
(a) he has been refused admission to the school; or
(b) he has been expelled from the school.
(2) A direction given under this Article by a board shall specify a grant-aided school—
(a) which is a reasonable distance from the child’s home, and
(b) from which the child has not been expelled.
(3) Where a grant-aided school is specified in a direction under this Article, the Board of
Governors shall admit the child to the school.
(4) Paragraph (3) does not affect any power to suspend or expel from a school a pupil who is
already a registered pupil there.
(5) Before giving a direction under this Article, a board shall consult—
(a) the parent of the child,
(b) the Board of Governors of the school it proposes to specify in the direction,
(c) if that school is in the area of another board, the board for that area, and
(d) if that school is a Catholic maintained school, the Council for Catholic Maintained
Schools.
(6) Where a board gives a direction under this Article specifying a school, it shall give notice in
writing of that fact to the Board of Governors of the school.
(7) In this Article—
“school” does not include a special school;
“suitable education”, in relation to a child, means efficient full-time education suitable to his
age, ability and aptitude and to any special educational needs he may have.
PART IV
AMENDMENTS AND REPEALS
Amendments
43. The statutory provisions specified in Schedule 5 shall have effect subject to the amendments
specified in that Schedule.
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Repeals
44. The statutory provisions set out in Schedule 6 are hereby repealed to the extent specified in
the third column of that Schedule.
N. H. Nicholls
Clerk of the Privy Council
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SCHEDULES
SCHEDULE 1
Article 15.
MAKING OF ASSESSMENTS UNDER ARTICLE 15
Introductory
1. In this Schedule, “assessment” means an assessment of a child’s educational needs under
Article 15.
Medical and other advice
2. (1) Regulations shall make provision as to the advice which a hoard is to seek in making
assessments.
(2) Without prejudice to the generality of sub-paragraph (1), the regulations shall, except in
such circumstances as may be prescribed, require the board to seek medical, psychological and
educational advice and such other advice as may be prescribed.
Manner, and timing, of assessments, etc.
3. (1) Regulations may make provision—
(a) as to the manner in which assessments are to be conducted,
(b) requiring the board, where, after conducting an assessment in respect of a child for whom
a statement is maintained under Article 16, it determines not to amend the statement, to
serve on the parent of the child notice giving the prescribed information, and
(c) in connection with such other matters relating to the making of assessments as the
Department considers appropriate.
(2) Sub-paragraph (1)(b) does not apply to a determination made following the service of notice
under paragraph 10 of Schedule 2 of a proposal to amend the statement.
(3) Regulations may provide that, where a board is under a duty to make an assessment, the duty
must, subject to prescribed exceptions, be performed within the prescribed period.
(4) Such provision shall not relieve the board of the duty to make an assessment which has not
been performed within that period.
Attendance at examinations
4. (1) Where a board proposes to make an assessment, it may serve a notice on the parent of the
child concerned requiring the child’s attendance for examination in accordance with the provisions
of the notice.
(2) The parent of a child examined under this paragraph maybe present at the examination if
he so desires.
(3) A notice under this paragraph shall—
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(a) state the purpose of the examination,
(b) state the time and place at which the examination will be held,
(c) name an officer of the board from whom further information may be obtained,
(d) inform the parent that he may submit such information to the board as he may wish, and
(e) inform the parent of his right to be present at the examination.
Offence
5. (1) Any parent who fails without reasonable excuse to comply with any requirements of a
notice served on him under paragraph 4 commits an offence if the notice relates to a child who is
not over compulsory school age at the time stated in it as the time for holding the examination.
(2) A person guilty of an offence under this paragraph is liable on summary conviction to a fine
not exceeding level 2 on the standard scale.
SCHEDULE 2
Article 16.
MAKING AND MAINTENANCE OF STATEMENTS UNDER ARTICLE 16
Introductory
1. In this Schedule, “statement” means a statement of a child’s special educational needs under
Article 16.
Copy of proposed statement
2. Before making a statement, a board shall serve on the parent of the child concerned—
(a) a copy of the proposed statement, and
(b) a written notice explaining the arrangements under paragraph 3, the effect of paragraph
4 and the right to appeal under Article 18 and containing such other information as may
be prescribed,
but the copy of the proposed statement shall not specify any matter in pursuance of Article 16(4)
or any prescribed matter.
Preference as to school
3. (1) Every board shall make arrangements for enabling a parent on whom a copy of a proposed
statement has been served under paragraph 2 to express a preference as to the grant-aided school at
which he wishes education to be provided for his child and to give reasons for his preference.
(2) Any such preference must be expressed or made within the period of fifteen days beginning—
(a) with the date on which the written notice mentioned in paragraph 2(b) was served on the
parent, or
(b) if a meeting has (or meetings have) been arranged under paragraph 4(1)(b) or (2), with the
date fixed for that meeting (or the last of those meetings).
(3) Where a board makes a statement in a case where the parent of the child concerned has
expressed a preference in pursuance of such arrangements as to the grant-aided school at which he
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wishes education to be provided for his child, the board shall specify the name of that school in the
statement unless—
(a) the school is unsuitable to the child’s age, ability or aptitude or to his special educational
needs, or
(b) the attendance of the child at the school would be incompatible with the provision of
efficient education for the children with whom he would be educated or the efficient use
of resources.
(4) A board shall, before specifying the name of any grant-aided school in a statement, consult
the Board of Governors of the school and, if the school is in the area of another board, that board.
Representations
4. (1) A parent on whom a copy of a proposed statement has been served under paragraph 2
may—
(a) make representations (or further representations) to the board about the content of the
statement, and
(b) require the board to arrange a meeting between him and an officer of the board at which
the statement can be discussed.
(2) Where a parent, having attended a meeting arranged by a board under sub-paragraph (1)(b),
disagrees with any part of the assessment in question, he may require the board to arrange such
meeting or meetings as it considers will enable him to discuss the relevant advice with the appropriate
person or persons.
(3) In this paragraph—
“relevant advice” means such of the advice given to the board in connection with the
assessment as it considers to be relevant to that part of the assessment with which the parent
disagrees, and
“appropriate person” means the person who gave the relevant advice or any other person who,
in the opinion of the board, is the appropriate person to discuss it with the parent.
(4) Any representations under sub-paragraph (1)(a) must be made within the period of fifteen
days beginning—
(a) with the date on which the written notice mentioned in paragraph 2(b) was served on the
parent, or
(b) if a meeting has (or meetings have) been arranged under sub-paragraph (1)(b) or (2), with
the date fixed for that meeting (or the last of those meetings).
(5) A requirement under sub-paragraph (1)(b) must be made within the period of fifteen days
beginning with the date on which the written notice mentioned in paragraph 2(b) was served on the
parent,
(6) A requirement under sub-paragraph (2) must be made within the period of fifteen days
beginning with the date fixed for the meeting arranged under sub-paragraph (1)(b).
Making the statement
5. (1) Where representations are made to a board under paragraph 4(1)(a), the board shall not
make the statement until it has considered the representations and the period or the last of the periods
allowed by paragraph 4 for making requirements or further representations has expired.
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(2) The statement may be in the form originally proposed (except as to the matters required
to be excluded from the copy of the proposed statement) or in a form modified in the light of the
representations.
(3) Regulations may provide that, where a board is under a duty (subject to compliance with the
preceding requirements of this Schedule) to make a statement, the duty, or any step required to be
taken for performance of the duty, must, subject to prescribed exceptions, be performed within the
prescribed period.
(4) Such provision shall not relieve the board of the duty to make a statement, or take any step,
which has not been performed or taken within that period.
Service of statement
6. Where a board makes a statement it shall serve a copy of the statement on the parent of the
child concerned and shall give notice in writing to him—
(a) of his right under Article 18(1) to appeal against the description in the statement of
the board’s assessment of the child’s special educational needs, the special educational
provision specified in the statement or, if no school is named in the statement, that fact, and
(b) of the name of the person to whom he may apply for information and advice about the
child’s special educational needs.
Keeping, disclosure and transfer of statements
7. (1) Regulations may make provision as to the keeping and disclosure of statements.
(2) Regulations may make provision, where a board becomes responsible for a child for whom
a statement is maintained by another board, for the transfer of the statement to it and for Part II of
this Order to have effect as if the duty to maintain the transferred statement were its duty.
Change of named school
8. (1) Sub-paragraph (2) applies where—
(a) the parent of a child for whom a statement is maintained which specifies the name of a
school or institution asks the board to substitute for that name the name of a grant-aided
school specified by the parent, and
(b) the request is not made less than twelve months after—
(i) a request under this paragraph,
(ii) the service of a copy of the statement under paragraph 6,
(iii) if the statement has been amended, the date when notice of the amendment is given
under paragraph 10(3)(b), or
(iv) if the parent has appealed to the Tribunal under Article 18 or this paragraph, the date
when the appeal is concluded,
whichever is the later.
(2) The board shall comply with the request unless—
(a) the school is unsuitable to the child’s age, ability or aptitude or to his special educational
needs, or
(b) the attendance of the child at the school would be incompatible with the provision of
efficient education for the children with whom he would be educated or the efficient use
of resources.
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(3) A board shall, before substituting the name of any grant-aided school in a statement, consult
the Board of Governors of the school and, if the school is in the area of another board, that board.
(4) Where the board decides not to comply with the request—
(a) it shall give notice to the child’s parent of that decision, the reasons for making it and the
effect of head (b), and
(b) the parent of the child may appeal to the Tribunal against the decision.
(5) On the appeal the Tribunal may—
(a) dismiss the appeal, or
(b) order the board to substitute for the name of the school or other institution specified in the
statement the name of the grant-aided school specified by the parent.
(6) Regulations may provide that, where a board is under a duty to comply with a request under
this paragraph, the duty must, subject to prescribed exceptions, be performed within the prescribed
period.
(7) Such provision shall not relieve the board of the duty to comply with such a request which
has not been complied with within that period.
Procedure for amending or ceasing to maintain a statement
9. (1) A board may not amend, or cease to maintain, a statement except in accordance with
paragraph 10 or 11.
(2) Sub-paragraph (1) does not apply where the board—
(a) ceases to maintain a statement for a child who has ceased to be a child for whom it is
responsible,
(b) amends a statement in pursuance of paragraph 8,
(c) is ordered to cease to maintain a statement under Article 18(3)(c), or
(d) amends a statement in pursuance of directions under paragraph 2 of Schedule 13 to the
1986 Order.
10. (1) Before amending a statement, a board shall serve on the parent of the child concerned
a notice informing him—
(a) of its proposal, and
(b) of his right to make representations under sub-paragraph (2).
(2) A parent on whom a notice has been served under sub-paragraph (1) may, within the period
of fifteen days beginning with the date on which the notice is served, make representations to the
board about the proposal.
(3) The board—
(a) shah consider any representations made to it under sub-paragraph (2), and
(b) on taking a decision on the proposal to which the representations relate, shall give notice
in writing to the parent of its decision.
(4) Where a board makes an amendment under this paragraph to the description in a statement of
the board’s assessment of a child’s special educational needs or to the special educational provision
specified in a statement, it shall give notice in writing to the parent of his right under Article 18
to appeal against the description in the statement of the board’s assessment of the child’s special
educational needs, the special educational provision specified in the statement or, if no school is
named in the statement, that fact.
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(5) A board may only amend a statement under this paragraph within the prescribed period
beginning with the service of the notice under sub-paragraph (1).
11. (1) A board may cease to maintain a statement only if it is no longer necessary to maintain it.
(2) Where the board decides to cease to maintain a statement—
(a) it shall give notice to the child’s parent of that decision, the reasons for making it and the
effect of head (b), and
(b) the parent of the child may appeal to the Tribunal against the decision.
(3) On an appeal under this paragraph the Tribunal may—
(a) dismiss the appeal, or
(b) order the board to continue to maintain the statement in its existing form or with such
amendments of the description in the statement of the board’s assessment of the child’s
special educational needs or the special educational provision specified in the statement,
and such other consequential amendments, as the Tribunal may determine.
(4) Except where the parent of the child appeals to the Tribunal under this paragraph, a board
may only cease to maintain a statement under this paragraph within the prescribed period beginning
with the service of the notice under sub-paragraph (2).
SCHEDULE 3
Article 35.
Schedule 2 to the 1989 Order, as substituted
COMPULSORY CONTRIBUTORY SUBJECTS
(1)
Area of Study
English
(2)
Compulsory
contributory subjects
in key stages 1 and 2
English (A)
(3)
Compulsory
contributory subjects
in key stage 3
English (A)
(4)
Compulsory
contributory subjects
in key stage 4
English (A)
Mathematics
Mathematics (A)
Mathematics (A)
Mathematics (A)
Science and
Technology
Science (A)
Science (A)
Science (A)
The Environment and
Society
History (A)
History (A)
Geography (A)
Geography (A)
Creative and
Expressive Studies
Physical Education
Physical Education
Art and Design
Art and Design
Music
Music
Technology and
Design (A)
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History or Geography
or Business Studies or
Economics or Political
Studies or Home
Economics or Social
and Environmental
Studies (A)
Physical Education
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(1)
Area of Study
Language Studies
(2)
(3)
Compulsory
Compulsory
contributory subjects contributory subjects
in key stages 1 and 2
in key stage 3
Irish (in Irish speaking French or German or
schools only) (A)
Italian or Spanish or
Irish (A)
(4)
Compulsory
contributory subjects
in key stage 4
French or German or
Italian or Spanish or
Irish (A)
SCHEDULE 4
Article 40.
INCORPORATION OF BOARDS OF GOVERNORS
Contracts of employment
1. Where Article 40 effects a transfer of rights and liabilities under a contract of employment—
(a) the contract shall have effect from the date of incorporation as if originally made between
the employee and the incorporated Board of Governors; and
(b) without prejudice to sub-paragraph (a), anything done before that date by or in relation to
the former employer in respect of that contract or the employee shall be deemed from that
date to have been done by or in relation to the incorporated Board of Governors,
but no right of the employee to terminate his contract of employment if a substantial change is made
to his detriment in his working conditions shall arise by reason only of the change of employer
effected by that Article.
Dissolution of Board of Governors
—
2. (1) A Board of Governors incorporated under Article 40 is dissolved by virtue of this paragraph
(a) if the school under its management is discontinued; or
(b) where the school becomes a grant-maintained integrated school, when a new Board of
Governors for the school is incorporated under Part VI of the 1989 Order.
(2) Where two or more schools are grouped under the management of one Board of Governors,
sub-paragraph (1) applies when, in relation to each of the schools, head (a) or (b) is satisfied.
Directions as to transfer of property, rights and liabilities of dissolved Board of Governors
3. (1) Where it appears to the Department that a Board of Governors is to be dissolved by virtue
of paragraph 2(1)(a), the Department may give such directions as it thinks fit with respect to the
winding up of the Board of Governors and in particular with respect to the transfer of any property,
rights or liabilities of the Board of Governors.
(2) Before giving any directions under this paragraph in relation to the Board of Governors of
a school the Department shall consult—
(a) the Board of Governors of the school,
(b) in the case of a controlled school, the board responsible for the management of the school,
(c) in the case of a voluntary school, the trustees and (where the school is a Catholic
maintained school) the Council for Catholic Maintained Schools.
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(3) Where directions under this paragraph provide for the transfer of any property, right or liability
to any person or body, that property, right or liability shall, by virtue of this paragraph, vest in that
person or body on such date as is specified in relation thereto in the directions.
Division of property, rights and liabilities of Board of Governors of group of schools
4. (1) This paragraph applies where—
(a) a Board of Governors (“the existing Board of Governors”) is responsible for the
management of two or more schools; and
(b) one of those schools ceases to be under the management of that Board of Governors
and comes under the management of another Board of Governors (“the new Board of
Governors”).
(2) Where this paragraph applies, the Department may give such directions as it thinks fit with
respect to the transfer of such property, rights or liabilities of the existing Board of Governors as it
thinks appropriate to the new Board of Governors.
(3) Before giving any directions under this paragraph, the Department shall consult—
(a) the existing Board of Governors,
(b) the new Board of Governors,
(c) the board responsible for the management of the schools in question, and
(d) where the schools in question are maintained schools, the trustees of the schools and
(where the schools are Catholic maintained schools) the Council for Catholic Maintained
schools.
(4) Where directions under this paragraph provide for the transfer of any property, right or liability
to the new Board of Governors, that property, right or liability shall, by virtue of this paragraph, vest
in that Board of Governors on such date as is specified in relation thereto in the directions.
Data protection
5. (1) Where personal data are transferred under Article 40(3) to a Board of Governors
incorporated by virtue of that Article—
(a) any entry made in respect of the Board of Governors constituted immediately before
the appointed day as a data user in the register maintained under section 4 of the Data
Protection Act 1984 , or
(b) any application for registration as a data user made by that body under section 6 of that Act,
shall have effect as if it were made in respect of or, as the case may be, by the Board of Governors
so incorporated.
(2) Expressions used in this paragraph and in that Act shall have the same meaning in this
paragraph as in that Act.
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SCHEDULE 5
Article 43.
AMENDMENTS
PART I
SPECIAL EDUCATION
The Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14)
In Article 9(1)(a) for the words from “under” to the end substitute “under Article 6(3) of the
Education and Libraries (Northern Ireland) Order 1986 or Article 10(1)(b) of the Education
(Northern Ireland) Order 1996”.
In Article 9(8) for “under Article 6(3) or (4) of the said Order of 1986” (where twice occurring)
substitute “as mentioned in paragraph (1)(a)”.
The Education and Libraries (Northern Ireland) Order 1986 (NI 3)
In Article 2(2) for the definitions of “special educational provision”, “special educational needs”
and “special school” substitute—
““special educational needs”, “special educational provision” and “special school” have the
meanings assigned by Article 3 of the Education (Northern Ireland) Order 1996;”.
The Disabled Persons (Northern Ireland) Act 1989 (c. 10)
In section 5(1)(a) for “Article 31” substitute “Article 16”.
In section 5(8) for the words from the beginning to “Article 31” substitute “Regulations under
paragraph 7(2) of Schedule 2 to the Education Order (statements of special educational needs) may,
in relation to the transfer of statements made under Article 16”.
In section 5(9) for “Article 33(3)” substitute “Article 3(7) and (8)”.
In section 11(1) in the definition of “the Education Order” for “and Libraries (Northern Ireland)
Order 1986” substitute “(Northern Ireland) Order 1996”.
The Education Reform (Northern Ireland) Order 1989 (NI 20)
In Article 16, 17(4)(c) and 43(4)(a) for “Article 31 of the principal Order” substitute “Article 16 of
the Education (Northern Ireland) Order 1996”.
In Article 17(6) for “Article 29 of the principal Order” substitute “Article 15 of the Education
(Northern Ireland) Order 1996”.
In Article 36(6)(b) for “Article 44(3) or (4)” substitute “paragraph 1A(5) or (6) of Schedule 13 to
the principal Order”.
The Children (Northern Ireland) Order 1995 (NI 2)
In Article 2(2) in the definition of “special educational needs” for “Article 33(2) of the Education and
Libraries (Northern Ireland) Order 1986” substitute “Article 3 of the Education (Northern Ireland)
Order 1996”.
Article 46(5) shall cease to have effect.
In Article 47(4) for “and Libraries (Northern Ireland) Order 1986” substitute “(Northern Ireland)
Order 1996”.
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In Schedule 2 in paragraph 4(b) for “and Libraries (Northern Ireland) Order 1986” substitute
“(Northern Ireland) Order 1996”.
PART II
OTHER AMENDMENTS
The Education and Libraries (Northern Ireland) Order 1986 (NI 3)
In Article 2(2) in the definition of “the Education Orders” for the words from “the 1989 Order” to
the end substitute “the 1989 Order, the Education and Libraries (Northern Ireland) Order 1993 and
the Education (Northern Ireland) Order 1996”.
Articles 8(2) to (4) and 16(4)(b) shall cease to have effect.
In Article 15(1) the words “by or” shall cease to have effect.
In Article 40(2) for “The court by which any appeal under this Article is heard” substitute “On any
appeal under this Article, the independent schools tribunal”.
In Article 40(3) for “court” substitute “independent schools tribunal”.
In Article 40(4) for “the county court” substitute “the independent schools tribunal”.
In Article 40(5)for “whether before or after the coming in to operation of this Article by the county
court” substitute “by the independent schools tribunal”.
In Article 40(7) for “a county court” substitute “the independent schools tribunal”.
In Article 41(1) for “a county court” substitute “the independent schools tribunal”.
In Article 43(2) for the words from “county court” to the end substitute “independent schools
tribunal”.
For Article 51 substitute—
“Provision of awards by Department
51. (1) The Department may make—
(a) awards to, or in respect of, persons in respect of their attendance at—
(i) approved postgraduate courses at universities, colleges or other institutions; or
(ii) other approved courses, being courses which, in the opinion of the Department,
are comparable to postgraduate courses; and
(b) such other awards as it considers desirable for the purpose of enabling or encouraging
persons to take advantage of educational facilities available to them.
(2) Awards under this Article shall be of such amount, and be made to, or in respect of,
such persons on such terms and conditions, as the Department may determine.”.
Articles 69A(4), 72(1) and 116(1)(c) shall cease to have effect.
The Education Reform (Northern Ireland) Order 1989 (N.I. 20)
In Article 31(4) for “all grant-aided schools” substitute “every grant-aided school appearing to it
to be affected”.
In Article 33(1) at the end of sub-paragraph (a) add
“or
(v) Article 46A of the principal Order;”.
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After Article 33(1) insert—
“(2) For the purposes of any complaint under paragraph (1)(a)(v), a board or Board of Governors
shall not be taken to have acted or to be proposing to act unreasonably if it has complied, or is
proposing to comply, with the guidance issued under Article 46A(6) (in the case of a Board of
Governors) or (7) (in the case of a board) of the principal Order.”.
In Articles 39(2) and 41(2) for the words “or in compliance with a school attendance order” substitute
“, a direction under Article 42 of the Education (Northern Ireland) Order 1996 or a school attendance
order”.
In Articles 39(4)(a) and 40(3)(a) for “regulations” substitute “directions”.
In Articles 73(3) and 93(3) for sub-paragraphs (a) and (b) substitute “on receipt by the relevant board,
in the case of a controlled school, or the trustees of the school, in the case of a voluntary school, of
notice under Article 69(4)(b)”.
In Articles 73(4) and 93(4) for the words from the beginning to the word “relates” in subparagraph (b)(i) substitute—
“(4) For those purposes, that procedure, as initiated on any occasion, is to be regarded as
terminated if—
(i) the result of the ballot to which the notice under Article 69(4)(b) relates”.
In Articles 73(5) and 93(5) for “heads (i) and (ii) of paragraph (4)(b)” substitute “paragraph (4)”.
In Article 87(1)(a)(ii) for “such a proposal has been submitted under Article 71(1),” substitute “a
proposal has been submitted under Article 71(1) or (2)”.
In Article 99(1)(a)(ii) for “such a proposal has been submitted under Article 92(1)” substitute “a
proposal has been submitted under Article 92(1) or (2)”.
In Article 122(3)(c) for “6 or 8” substitute “or 6”.
The Education (Student Loans) (Northern Ireland) Order 1990 (NI 11)
In Article 3(3) for sub-paragraphs (b) and (c) substitute—
“(b)
“(b) universities and other institutions receiving grants under section 65 of the
Further and Higher Education Act 1992 or under section 5 of the Education Act 1994,
institutions maintained by local education authorities in England and Wales in exercise
of their further and higher education functions, institutions receiving recurrent grants
towards their costs from a further education funding council and institutions receiving
recurrent grants towards their costs under regulations made under section 100(1)(b) of
the Education Act 1944;
(c) educational establishments within the meaning of section 135(1) of the Education
(Scotland) Act 1980 for the provision of any form of further education for the
management of which establishment an education authority is responsible, colleges
of further education within the meaning of section 36(1) of the Further and Higher
Education (Scotland) Act 1992 managed by boards of management established under
Part I of that Act and designated institutions within the meaning of Part II of that Act
of 1992.”.
In Schedule 2, in paragraph 1(2)(a) for the words from “Articles 50 and 51” to the end substitute
“Article 50 of the Education and Libraries (Northern Ireland) Order 1986 (awards by boards)”.
In Schedule 2, in paragraph 2(2) for heads (b) and (c) substitute—
“(b)
“(b) in relation to an educational establishment within the meaning of section 135(1)
of the Education (Scotland) Act 1980 for the provision of any form of further education
for the management of which establishment an education authority is responsible, the
education authority; and
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(c) in relation to a college of further education within the meaning of section 36(1) of the
Further and Higher Education (Scotland) Act 1992 which is managed by a board of
management established under Part I of that Act, the board of management.”.
SCHEDULE 6
REPEALS
PART I
SPECIAL EDUCATION
Number
1986 NI 3.
Short title
The Education and
Libraries (Northern
Ireland) Order 1986.
Extent of Repeal
In Article 2(2) in the
definition of “child”
the words “, subject to
Article 33(3),”.
Article 6(4).
In Article 21(1) and
(7) the words “or
special”.
In Article 21(9) sthe
words “and special”.
In Article 22(1) the
words “or special”.
Articles 29 to 34.
Article 36.
In Article 48(3) the
words from “but a
child” to the end.
Article 48(4).
Schedule 11.
In Schedule 18,
the amendments to
Article 9 of the Health
and Personal Social
Services (Northern
Ireland) Order 1972.
Paragraph 5 of
Schedule 19.
1987 NI 2.
The Education
(Northern Ireland)
Order 1987.
Article 3(1) and (3).
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Article 44.
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Number
Short title
Extent of Repeal
Article 6.
Article 15.
Schedule 1.
1989 NI 20.
The Education Reform Article 13(3).
(Northern Ireland)
Order 1989.
Article 44.
Article 146(2).
Article 155.
In Schedule 9, the
amendments to
Articles 32 and 33 of,
and
1993 NI 12.
The Education and
Libraries (Northern
Ireland) Order 1993.
Schedule 13 to, the
1986 Order.
Article 36(b).
In Schedule 4, in Part
II, the amendment to
1994 NI 2.
The Health and
Personal Social
Services (Northern
Ireland) sOrder 1994.
In Schedule 1, the
amendment to the
1986 Order.
1995 NI 2.
The Children
(Northern Ireland)
Order 1995.
Article 46(5).
Article 32(3A) of the
1986 Order.
PART II
OTHER REPEALS
Number
1986 NI 3.
Short title
Extent of repeal
The Education and Libraries
In Article 2(2) in the definition
(Northern Ireland) Order 1986. of “maintained school” the
words from “or a school which
has” to the end.
Article 8(2) to (4).
In Article 11(2) the words from
“and may be withdrawn” to the
end.
Article 11(6).
In Article 15(1) the words “by
or”.
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Number
Short title
Extent of repeal
Article 16(4)(b).
Article 69A(4).
Article 72(1).
Article 116(1)(c).
Part II of Schedule 5.
Schedule 8.
1989 NI 20.
The Education Reform
Article 30.
(Northern Ireland) Order 1989.
Article 69(3).
In Article 69(4)(a) the word
“second”.
Article 71(4).
In Article 105(6)(a) the word
“and” at the end of head (i).
Article 126(4)(e).
In Schedule 9, the amendments
to Article 8 of, and Schedule 8
to, the 1986 Order.
1993 NI 12.
The Education and Libraries
Article 45.
(Northern Ireland) Order 1993.
Schedule 3.
In Schedule 4, in Part II, the
amendments to the definition
of “the Education Orders” in
Article 2(2) of the 1986 Order
and to Schedule 8 to the 1986
Order.
EXPLANATORY NOTE
(This note is not part of the Order)
Part II of this Order makes new provision for the education of children with special educational
needs. Part III of this Order contains miscellaneous amendments to the law of education. The
principal amendments—
(a) provide for an Independent Schools Tribunal to hear appeals concerning independent
schools;
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(b) provide for the appointment of lay persons to assist in the inspection of educational and
other establishments;
(c) amend the requirements of the curriculum at key stage 4;
(d) simplify the procedure for acquisition of grant-maintained integrated or controlled
integrated status;
(e) provide new powers for trustees in relation to the proceeds of the disposal of school
premises;
(f) provide for the incorporation of Boards of Governors and governing bodies of institutions
of further education; and
(g) confer on boards a power to direct the admission of a child to a grant-aided school in
certain circumstances.
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